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Ahead of Polling, Prohibitory Orders in Kashmir; 'Repeat of 1987,' Says Mehbooba Mufti

According to the order issued by Pulwama district magistrate, a “complete ban” has been imposed on public meetings and assembly of more than five persons in the district till the evening of May 13. Reports say similar orders have been imposed in other districts too.
The Wire Staff
May 12 2024
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According to the order issued by Pulwama district magistrate, a “complete ban” has been imposed on public meetings and assembly of more than five persons in the district till the evening of May 13. Reports say similar orders have been imposed in other districts too.
Mehbooba Mufti's rally on May 10. Photo: X/@MehboobaMufti
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New Delhi: Campaigning for Srinagar parliamentary constituency, which will go to polls on Monday, May 13, took an aggressive turn on the final day with former Jammu and Kashmir chief minister Mehbooba Mufti accusing the J&K administration of using the “machinery of government of India” to sabotage the upcoming elections.

Speaking with reporters in Srinagar, an angry Mehbooba claimed that the PDP workers, who are involved in upcoming Lok Sabha election in Kashmir, were “selectively called and detained at police stations” in Poonch and Pulwama districts.

Illustration: Pariplab Chakraborty

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“If the Election Commission of India wants to repeat the 1987 (assembly) election (in J&K) and set up a party of Ikhawanis here or their proxies whom they (BJP) support, then why are they enacting this drama (of polling)? They want to create a political Ikhwan here,” Mehbooba said, alleging that the movement of her party leaders and workers was being curtailed.

Accused of some of the most horrifying abuses, Ikhwan-ul-Muslimeen or Ikhwan was a dreaded, state-backed militia that was set up by the government to tackle the armed insurgency in the early 1990s. The militia was disbanded after the 1996 assembly election, which was also the first in Kashmir after militancy broke out.

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The rigging of 1987 assembly election is widely believed to have triggered the insurgency in Kashmir.

Sections 144, 126, 130

Mehboob’s remarks came after authorities in south Kashmir’s Pulwama district imposed prohibitory orders under Section 144 of the Indian Penal Code “to ensure conducive environment for free and fair” election. Citing Section 126 and 130 of The Representation of People's Act, 1951, the administration imposed prohibitory order for 48 hours commencing 6 pm from May 11 to the close of the polling day, an official order issued on Saturday, May 11, said.

Section 126 of The Representation of the People Act prohibits political parties from organising any publicity programs, public meetings or entertainment events “intended or calculated to influence or affect the result of an election” during the 48 hours when the ban remains in place.

“Any person who contravenes the provisions of (law) shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both,” the act states.

Section 130 of the act bans “canvassing in or near polling stations” on the day of polling “in any public or private place within a distance of 100 metres of the polling station. “Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to Rs 250,” the act states, adding that the offence is cognizable.

According to the order issued by Pulwama district magistrate Basharat Qayoom, a “complete ban” has been imposed on public meetings and assembly of more than five persons in the district from 6 pm on Saturday till Monday evening.

Restrictions

Unconfirmed reports said similar orders have been issued by other district administrations covering the Srinagar Lok Sabha constituency, which is spread from Ganderbal, Budgam and Srinagar in central Kashmir to Pulwama and Shopian in the south. The Wire has not been able to verify the authenticity of these reports.

”However, this restriction shall not be applicable on house to house visits during 48 hrs in connection with door to door campaigning by the candidates as per the guidelines of Election Commission of India,” the Pulwama DM said in his order.

It also directed the political functionaries, who are not voters in Srinagar parliamentary constituency, to leave for their home districts till the conclusion of polls, "No loud speaker shall be permitted to be used for any political campaigning or sloganeering or agenda propagation by any political party,” the order said.

The administration has also restricted each political party to use one vehicle each for the candidate, his election agent and workers in each assembly segment till the end, “The candidate or his agent or party workers will be allowed to use only four/three/two wheeler vehicles such as taxies and auto-rickshaws,” the order said.

More than 17 lakh voters in Srinagar constituency will seal the fate of three key candidates of National Conference, Peoples Democratic Party (PDP) and J&K Apni Party whose political campaigns have been a symbolic reflection of the fissures in Kashmir’s mainstream politics following the reading down of Article 370.

Parra versus Ruhullah

The NC's Aga Ruhullah, an influential Shia leader, is pitted against the PDP youth leader Waheed Parra and Apni Party’s Ashraf Mir, a former J&K minister who has the backing of J&K Peoples Conference led by Sajjad Lone. However, the actual contest is likely to be between Ruhullah and Parra who both are vying for bigger roles in their parties.

The order by the Pulwama district administration comes in the backdrop of a series of allegations by the NC and the PDP who have pointed accusatory fingers at the Election Commission and J&K administration for turning a blind eye to their grievances of official highhandedness ahead of the first Lok Sabha election in Kashmir Valley post Article 370.

An undated video on X, formerly Twitter, which was shared by the official handle of the National Conference on Saturday, showed Ruhullah confronting a police officer in a Srinagar locality, “Do I need to get a passport? Let’s keep politics aside. Should I get a visa to walk around here?,” the NC candidate is heard asking the police officer sternly.

“We also have compulsions,” the officer replied, shaking his head and purportedly explaining to Ruhullah that he was walking on the road that fell between two police jurisdictions when Ruhullah had obtained clearances for only one. “Do I need to get permission to walk on our streets? Do I need permission to visit my home,” Ruhullah told the officer before the 25-second video ended.

The confrontation came days after the National Conference shot a letter to the Election Commission of India on J&K Police’s “unjust cancellation of prior permissions” granted to the party for its campaign activities in north Kashmir’s Baramulla constituency where the election is scheduled on May 20.

In a letter to the Chief Election Commissioner on Thursday, May 9, the party’s candidate for Baramulla Lok Sabha constituency and former Chief Minister of J&K, Omar Abdullah, termed the “discriminatory action" of police as a “direct assault on democracy and the principles of fair competition in electoral arena” which was aimed at derailing the party's election campaign.

This article went live on May twelfth, two thousand twenty four, at thirty-nine minutes past ten in the morning.

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